Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, April 9, 2012
Courtroom I
(Court convenes at 10:40 a.m.)
 10:40 a.m.           Oral Argument Cancelled (Time Limits: 10 - 10 - 5)  
19052   Rhonda Boucher, Respondent, v. Subcontracting Concepts, Inc., Employer, and Dallas National Insurance Company, Carrier, Appellants.

Marcy J. Lamar and Temus Miles, of Columbia, for Appellants. Kevin Smith, of Charleston, for Respondent.

In this appeal from the South Carolina Workers' Compensation Commission, Subcontracting Concepts, Inc., Employer, and Dallas National Insurance Company, Carrier, argue : (1)the Commission erred in holding Boucher was an employee rather than an independent contractor; (2) Boucher's compensation should be based only upon the extent to which the loss of use existing after the current injury exceeds that which existed prior to the injury; (3) Boucher's claim is barred by her subsequent intervening accident; (4) the Commission erred in finding Subcontracting Concepts, Inc. was the employer; (5) the Commission erred in allowing Boucher to request treatment with any doctors she wants at Southeastern Spine; and (6) the Commission erred in allowing a member of the Appellate Panel to insert an additional sustaining ground into the order.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19413   Case# 2008-CP-27-00547 Mitchell S. Lowther and Carmen B. Lowther, Respondents, v. E. Legrand Lowther, Appellant._______Case # 2008-XCP-27-00151C. E. Lowther, Jr., Clayton Clark Lowther, Mitchell S. Lowther and Effie Sandra Turpin, Respondents, v. E. Legrand Lowther, Appellant.

H. Fred Kuhn, Jr., of Beaufort, for Appellant.. R. Thayer Rivers, Jr., of Ridgeland, for Respondents.

Respondents Mitchell S. Lowther and Carmon B. Lowther filed this action against Appellant E. Legrand Lowther to foreclose a mortgage. Appellant appeals the special referee’s order finding the mortgage was "mooted" by tender of the deed in lieu of foreclosure, arguing the special referee erred in: (1) granting relief not pled; (2) making numerous factual findings against the greater weight of the evidence; (3) admitting parol evidence; (4) failing to join co-mortgagees as necessary parties; and (5) awarding Respondents attorney’s fees.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19073   Deborah J. Clegg, as Personal Representative of the Estate of Allison T. Clegg, Respondent, v. Elliot M. Lambrecht, Douglas A. Lambrecht, Rhett Barker, Jan Horan and Anna C. Lambrecht, Defendants, Of whom Douglas A. Lambrecht is the Appellant.

John E. North, Jr. and Pamela K. Black, of Beaufort, for Appellant. H. Fred Kuhn, Jr., of Beaufort, and G. Richardson Wieters, of Hilton Head, for Respondent.

Douglas Lambrecht appeals the decision of the trial court to deny his motion for sanctions. He argues Clegg's claims against him were frivolous and the trial court used the wrong standard in its decision.

Tuesday, April 10, 2012
Courtroom I
(Court convenes at 10:40 a.m.)
 10:40 a.m.           Oral argument Cancelled (Time Limits: 10 - 10 - 5)  
19100   John D. Weible, Respondent, v. South Carolina Law Enforcement Dvision, Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Attorney General Geoffrey K. Chambers, of Office of the Attorney General, of Columbia, for Appellant. George Hunter McMaster, of Columbia, for Respondent.

South Carolina Law Enforcement Division (SLED) appeals the trial court’s order relieving John D. Weible from the South Carolina Sex Offender Registry (Registry) requirements after his pardon. SLED argues the court erred in: (1) granting Weible’s petition to be removed from the Registry; and (2) refusing to retroactively apply amendments to the Registry’s statutory scheme.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19146   Travis A. Roddey, as the Personal Representative of the Estate of Alice Monique Beckham Hancock, deceased, Appellant, v. Wal-Mart Stores East, LP, U.S. Security Associates, Inc., and Derrick L. Jones, Respondents.

John S. Nichols and Blake A. Hewitt, of Columbia, for Appellant. Brent Paul Stewart, of Rock Hill, for Appellant. S. Randall Hood and William A. McKinnon, of Rock Hill, for Appellant. W. Howard Boyd, Jr., and Stephanie G. Flynn, of Greenville, for Respondents.

This appeal arises from a personal injury action based on a single-vehicle accident occurring after a private security guard allegedly pursued Alice Hancock's vehicle from a Wal-Mart parking lot. Hancock's personal representative appeals the trial court's ruling granting Wal-Mart's motion for directed verdict on the basis that there was insufficient evidence of Wal-Mart's negligence and, even if there were sufficient evidence of its negligence, there was no evidence such negligence was a proximate cause of the accident.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19153   The State, Respondent, v. Kevin Tijuan Hardy, Appellant.

Appellate Defender LaNelle DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal matter, Hardy appeals his convictions of trafficking in cocaine and trafficking in crack cocaine, asserting the trial court erred in (1) denying his motion to suppress the drug evidence resulting from a traffic stop, and (2) allowing the State to present a factor to support reasonable suspicion to search that was discriminatory and violated the Equal Protection Clause.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19185   The State, Respondent, v. Francis Larmand, Appellant.

John D. Rhea, of Fairview, NC, and C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Deborah Shupe, of Office of the Attorney General, of Columbia, for Respondent.

Francis Larmand appeals his convictions for second-degree lynching, conspiracy, and pointing and presenting a firearm, arguing the trial court erred in: (1) submitting his written charge to the jury; (2) failing to direct a verdict on the charge of lynching when the State failed to prove either defendant committed an act of violence upon Ryan Lochbaum or a premeditated intent to commit an act of violence upon another person; (3) failing to direct a verdict on the charge of conspiracy when the State failed to prove any facts that would reasonably support an agreement between himself and Leo Lemire to inflict an act of violence upon Lochbaum or present or point a firearm at Lochbaum; and (4) charging the jury they may infer that all persons who were present as members of a mob when an act of violence was committed are guilty as principals.

Wednesday, April 11, 2012
Courtroom I
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19102   Kirk A. Thomson and Christine Thomson, Appellants, v. Charles Woods and Angie Woods, Respondents.

W. Duvall Spruill, of Columbia, for Appellants. H. Ronald Stanley, of Columbia, for Respondents.

On appeal, Kirk A. Thomson and Christine Thomson (collectively, Thomsons) claim the circuit court erred in: (1) holding there was no consideration to support the contract for the sale of a home; (2) finding equity did not require specific performance; (3) concluding the Thomsons had an adequate remedy at law; (4) admitting evidence in violation of the parol evidence rule; (5) finding performance of the contract was contingent upon Charles and Angie Woods (collectively, Woods) acquiring financing to purchase the home; and in (6) holding the Thomsons were not entitled to recover damages for breach of contract.

 11:20 a.m.           Oral Argument Cancelled (Time Limits: 10 - 10 - 5)  
19108   Maria G. Sandness, Employee, Appellant, v. Harsco Track Technologies, Employer and Ace American Insurance Co., Carrier, Respondents.

Stephen Benjamin Samuels, of Columbia, for Appellant. J. Russell Goudelock, II, of Columbia, for Respondents.

Maria Sandness appeals the Appellate Panel of the Workers' Compensation Commission's (the Appellate Panel) grant of leave to suspend temporary compensation. She maintains the Appellate Panel erred in (1) admitting a medical report; (2) relying on that medical report; (3) denying her motion to submit additional evidence; (4) finding she had refused suitable employment; and (5) granting a credit for overpayment of temporary compensation.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18566   Zachary V. Miller, Petitioner, v. State of South Carolina, Respondent.

Kirby Rakes Mitchell and Michael Stephen Gambrell, of Greenville, for Petitioner. Assistant Attorney General Daniel E. Grigg, of Office of the Attorney General, of Columbia, for Respondent.

Zachary Miller appeals the order of the circuit court dismissing his complaint for declaratory judgment, arguing the statutes under which he was convicted and sentenced are unconstitutional.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19125   Ricky Rhame, Appellant, v. Charleston County School District, Respondent.

Kenneth W. Harrell and Patrick L. Jennings, of North Charleston, and John S. Nichols and Blake E. Hewitt, of Columbia, for Appellant. Stephen L. Brown, Catherine H. Chase, and Leslie M. Whitten, of Charleston, for Respondent.

In this appeal from the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel), Ricky Rhame contends the Appellate Panel erred when it held that that his claim for a repetitive trauma injury to his back was barred by the statute of limitations.

Thursday, April 12, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19099   Sheran Proctor, Respondent, v. Ola Mae Steedley, Appellant.

Sonja Renee Tate, of Augusta, GA, for Appellant. Thomas P. Murphy, of North Augusta, for Respondent.

In this property dispute, Appellant Ola Mae Steedley seeks review of the Special Referee's order granting Respondent Sheran Proctor an appurtenant easement to the access road on Appellant's property and the right to widen the access road. Appellant argues the Special Referee erred in finding an appurtenant easement exists where Respondent failed to establish all of the elements necessary to an appurtenant easement and there was no evidence of the grantor's intent. Additionally, Appellant argues the Special Referee erred in admitting expert testimony as to the ultimate issue. Appellant also contends, even assuming Respondent is entitled to an appurtenant easement, the access road in its current state is sufficient for Respondent's use.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19270   The State, Respondent, v. Edward Twyman, Appellant.

Appellate Defender Breen Richard Stevens, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent.

Appellant Edward Twyman argues the circuit court erred in revoking his community supervision program after he entered an exclusionary zone. The State contends that Twyman’s entry into the exclusionary zone was a willful violation of the terms of his community supervision.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19084   James T. Judy and Bobby Judy, Appellants/Respondents, v. S. Scott Kennedy and Beau D. Kennedy, Respondents/Appellants.

Capers G. Barr, III, of Charleston, for Appellants/Respondents. James E. Chellis, of Summerville, for Respondents/Appellants.

Ronnie and Bobby Judy appeal the master-in-equity's determination that Scott and Beau Kennedy must remove only one of two gates limiting access to an ingress and egress easement for the Judys' benefit. The Kennedy's cross-appeal arguing the master erred in not permitting both gates to remain in place.

 12:00 p.m. (Time Limits: 15-15-5)  
19104   Susan Y. Warren, and Donna Y. Siler, Respondents, v. Ronald Yarborough, Individually and as Personal Representative, and as Trustee, In Re: Estates of Kathleen M. Yarborough and Legrand I. Yarborough, Appellant.

Robert B. Pearlman, of Mt. Pleasant, and Benjamin Goldberg, of Charleston, for Appellant. Joseph S. Brockington and Shirrese Brown Brockington, of Charleston, for Respondents.

This appeal arises from an order of the circuit court affirming the probate court's findings. On appeal, Appellant Ronald Yarborough challenges the probate court's findings concerning the estates of Kathleen Yarborough and Legrand Yarborough.

Tuesday, April 24, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19105   Sean Patrick Tillman, Respondent, v. Margaret Jane Oakes, Appellant.

David Alan Wilson, of Greenville, for Appellant. John Michael Turner, Sr., of Laurens, for Respondent.

Margaret Oakes appeals the family court's decision to modify its previous joint legal child custody determination based on a substantial change in circumstances. The court awarded custody to Sean Tillman, and Oakes argues the court should have granted her sole custody and child support.

 10:40 a.m.           Oral Argument Cancelled (Time Limits: 10 - 10 - 5)  
19127   Steven E. Speros, Appellant/Respondent, v. Speros Investment Group, Ltd. (S.I.G., Ltd.), Speros Construction Co., Inc., T.M.S.C., Inc., Catherine S. Tarrant, Thomas L. Speros, and Michael G. Speros, individually and as trustee of the Christine Speros Marital Trust, Defendants, Of Whom Michael G. Speros, individually and as Trustee of the Christine Speros Marital Trust, is Respondent/Appellant and of whom Catherine S. Tarrant and Thomas L. Speros are Respondents AND Michael G. Speros, individually and as trustee of the Christine Speros Marital Trust, Respondent/Appellant v. Ocean Atlantic, Inc. and Lisa Speros, Appellants/Respondents.

Henrietta U. Golding and Amanda A. Bailey, of Myrtle Beach, for Appellants/Respondents. William A. Bryan and Williams A. Bryan, Jr., of Surfside Beach, for Respondent/Appellant.

In this business dispute, Steven Speros, Lisa Speros, and Ocean Atlantic argue the circuit court erred in (1) denying Steven's motion for directed verdict and their post-trial motion regarding Steven's claim for breach of fiduciary duty; (2) denying their post-trial motion regarding the defendants' claims for money due two promissory notes; (3) refusing to instruct the jury on the statute of limitations, and denying Steve and Lisa's motion for directed verdict and post-trial motions based on the statute of limitations; (4) failing to rule on their equitable defenses of estoppel and laches; and (5) awarding Michael attorneys' fees. Michael argues the circuit court erred in (1) ordering dissolution of business; (2) granting the defendants' directed verdict motion on his conversion claim; (3) denying his quantum meruit claim; (4) admitting testimony in violation of the Dead Man's Statute; and (5) denying his directed verdict motion on Steven's breach of fiduciary duty claims.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19082   Dennis Hayes, Appellant, v. Fred J. Collins, III, Kathy Leone Schneider, Cynthia Ann Biggerstaff, and Felicia Robbins, individually, and in her capacity as personal representative of the Estate of Frederick J. Collins, Jr., Respondents.

Aaron E. Edwards and Lawrence E. Richter, Jr., of Mt. Pleasant, for Appellant. Thomas W. Traxler, of Greenville, for Respondents.

Appellant, who was adopted as an infant, appeals the family court's order dismissing his action to establishing paternity of his purported birth father.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19155   Forest Byrd, Appellant, v. Judy Livingston and TIAA Timberlands, II, LLC, Respondents.

B. Michael Brackett, of Columbia, for Appellant. Timothy D. Savidge, of Prosperity, for Respondent Judy Livingston. Blaney A. Coskrey, III, of Columbia, for Respondent TIAA Timberlands, II, LLC.

Forrest Byrd appeals from the trial court's order finding a settlement agreement, which stemmed from a land purchase, was enforceable. Byrd argues the court erred in: (1) finding his son was a discretionary party to the settlement agreement; (2) concluding the subsequent conduct of the parties and attorneys established the parties had a meeting of the minds on all terms of the settlement agreement; (3) failing to apply the law of joint contracts to the motion to enforce the settlement; (4) failing to apply the legal principle of condition precedent to his alleged obligation with respect to a final settlement agreement; and (5) ruling the settlement agreement provision that included his son was severable from the remainder of the agreement.

Wednesday, April 25, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19101   Deborah Rice-Marko, John Edward Marko, Jr., The John Edward Marko, Jr. Irrevocable Trust, Evan Rice Marko, The Evan Rice Marko Irrevocable Trust, and the Evelyn G. Rice Revocable Trust, Appellants, v. Wachovia Corporation, Wells Fargo & Company, G. Kennedy Thompson, Donald K. Truslow, Thomas J. Wurtz, Robert K. Steel, Thomas L. Clymer, and Doe Defendants 1 Through 25, Respondents.

G. Trenholm Walker, Ian W. Freeman, and Daniel S. McQueeney, Jr., of Charleston, for Appellants. Stephen M. Cox, of Rock Hill, and Louis A. Bledsoe, III, of Charlotte, NC, for Respondents.

In this appeal, Appellants argue the circuit court erred in dismissing their causes of action for fraud/fraudulent concealment, negligent misrepresentation, breach of fiduciary duty, constructive fraud, breach of duties as corporate officers, negligence/gross negligence, and violation of the South Carolina blue sky laws.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19182   The State, Respondent, v. Bennie Mitchell, Appellant.

Appellate Defender Lanelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Deborah Shupe, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal action, Bennie Mitchell argues the trial court erred in: (1) allowing a lay witness to identify Mitchell from photographs taken by the victim's deer camera because it was in violation of Rule 403, SCRE and Rule 701, SCRE; (2) admitting a CD from the deer camera containing photographs into evidence because it was in violation of Rules 1001, 1002, and 1003, SCRE; and (3) failing to grant Mitchell's post-trial motion for a new trial on the burglary first charge when all of the elements of the charge were not met

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19136   James D. Broach and Mark Loomis, Respondents, v. Eugene E. Carter, Advantage Real Estate, Inc., SilverDeer, LLC, Paradise Grande, LLC d/b/a The Horizon at 77th, Howard Jacobson, Defendants, Of whom Howard Jacobson is the Appellant.

Mark D. Neill, of Murrells Inlet, for Appellant. L. Sidney Connor, IV, of Surfside Beach, for Respondents.

On appeal, Howard Jacobson (Jacobson) argues the evidence in the record does not support a jury's finding that Jacobson tortiously interfered with James Broach and Mark Loomis's (collectively, Respondents) independent contractor agreements. Additionally, Jacobson contends there is not enough evidence in the record to support the jury's finding he was personally liable on behalf of Paradise Grand, LLC. Finally, Jacobson argues the record does not support the jury's award of punitive damages.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19156   Margaree Maple, Appellant, v. Heritage Healthcare of Ridgeway, and Phoenix Insurance Company, Carrier, Respondents.

Preston F. McDaniel, of Columbia, for Appellant. Richard Daniel Addison, of Columbia, for Respondents.

Margaree Maple appeals the Appellate Panel of the Workers' Compensation Commission's (the Appellate Panel) denial of temporary total disability benefits. She argues the Appellate Panel erred in (1) failing to make sufficient findings of fact on her disability status; (2) permitting certain depositions; (3) finding that she or someone else altered a work excuse note; (4) denying her benefits for specific dates not affected by the allegedly falsified note; (5) finding she made inadequate contact with her employer; and (6) adopting a proposed order.

Thursday, April 26, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19079   The Estate of George King by and through Margaret Coe King as the Duly Appointed Personal Representative, Appellant, v. Richland County and United National Insurance Company, Respondents.

James W. Fayssoux, Jr. and Paul S. Landis, of Greenville, for Appellant. Thomas C. Salane, of Columbia, and David M. Dolendi, of Chicago, IL, for Respondent United National Insurance Company. Andrew Lindemann, William H. Davidson II, and Michael B. Wren, of Columbia, for Respondent Richland County.

The estate of George King appeals the circuit court's granting of summary judgment to Richland County and United National Insurance Company in a negligent misrepresentation claim. In dismissing the claim, the personal representative asserts the circuit court misapplied the appropriate standards under Rule 12(b)(b) to dismiss the claim. Additionally, the personal representative appeals the circuit court's ruling that the insurance policy issued by the United States National Insurance Company to Richland County is a declining or defense within limits policy, which diminishes the amount available to fund a settlement as defense costs are incurred.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19140   Greeneagle, Inc., Appellant, v. South Carolina Department of Health and Environmental Control, Respondent.

W. Thomas Lavender, Joan W. Hartley, and Leon C. Harmon, of Columbia, for Appellant. Carlisle Roberts, Jr., Jacquelyn S. Dickman, and Etta R. Williams, of Columbia, for Respondent.

This appeal arises out of a contested case hearing before the Administrative Law Court (ALC), where the ALC affirmed DHEC's decision to deny Appellant Greeneagle's permit application. On appeal, Greeneagle argues the ALC erred in finding: (1) DHEC properly denied Greeneagle's permit application because it was inconsistent with the 2007 York County Solid Waste Management Plan and (2) DHEC's practice of conducting a second consistency determination immediately prior to the issuance of permits is a proper delegation of its authority.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19161   William M. Rhett and Nancy R. Rhett, Appellants/Respondents, v. Jonathan H. Gray, Respondent/Appellant.

H. Fred Kuhn, Jr, of Beaufort, for Appellants/Respondents. Charles E. Carpenter, Jr., and Carmen V. Ganjehsani, of Columbia, for Appellants/Respondents. Harold A. Boney, Jr., of Beaufort, for Respondent/Appellant. James B. Richardson, Jr., of Columbia, for Respondent/Appellant.

This is an appeal arising out of claims by the Rhetts to two easements on Gray’s property. The Rhetts appeal the master’s finding that one of the easements was abandoned. Gray appeals the master’s finding that the Rhetts could use the other easement to access part of their property to which it is not appurtenant.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19158   Mathis Plumbing Company, Inc., Respondent, v. Thomas Firriolo, Appellant.

J. Falkner Wilkes, of Greenville, for Appellant. Charles Franklin Turner, Jr, of Greenville, for Respondent.

In this breach of contract action, Appellant Thomas Firriolo seeks review of the jury's verdict for Respondent Mathis Plumbing Company on the ground that there was no evidence to support the verdict. Firriolo also challenges the trial court's exclusion of evidence concerning an investigation conducted by the South Carolina Department of Labor, Licensing and Regulation as well as their resulting findings.

 12:40 p.m.           Oral Argument Cancelled (Time Limits: 10 - 10 - 5)  
19057   Georgeann Campfield and Alexander Payne, Respondents, v. Brunson Automobile Sales, Inc. and Celebration Suzuki, Inc., Appellants.

Robert F. Achurch, III, Jason F. Ward, and Mary B. Lohr, of Beaufort, for Appellants. C. Steven Moskos, of Charleston, for Respondents. Mark Brandon Tinsley, of Allendale, for Respondents. Robert Norris Hill, of Newberry, for Respondents.

This appeal arises from the circuit court's order denying Appellants' motion to compel arbitration. On appeal, Appellants argue the circuit court erred in finding Respondents' claims were not subject to the terms of the arbitration clause.

Tuesday, April 10, 2012
Courtroom II
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19040   The State, Respondent v. Kevin J. Williams, Appellant.

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal appeal, Kevin Williams (Williams) asserts the circuit court erred in overruling counsel's objection regarding the State's comments about his right to remain silent after Miranda warnings were given. In addition, Williams argues the circuit court erred in declining to charge the jury on the defense of habitation.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19068   Todd N. Bernson, Appellant/Respondent, v. Sarah M. Bernson, Respondent/Appellant.

J. Falkner Wilkes, of Greenville, for Appellant/Respondent. David A. Wilson, of Greenville, for Respondent/Appellant.

This is a divorce and custody action. Todd N. Bernson appeals the award of custody of the parties' child to Sarah M. Bernson, the terms of his visitation with the children, and the allocation and apportionment of certain debts incurred during the marriage. Sarah M. Bernson cross-appeals, arguing she should have been awarded attorney's fees and taking issue with a finding by the family court that she agreed not to move the parties' child out of state without Todd N. Bernson's consent.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18434   BMW of North America, LLC, Appellant, v. Colony Insurance Company, Respondent.

H. Donald Sellers and Christopher B. Major, of Greenville, for Appellant. Jennifer D. Eubanks and Paul D. Greene, of Greenville, for Respondent.

In this insurance action, BMW of America (BMW) appeals the trial court's granting of summary judgment in favor of Colony Insurance Company (Colony). On appeal, BMW argues the trial court erred in (1) determining its insurance coverage was not triggered by damage to its cars; (2) determining Colony did not act in bad faith in denying BMW's claim; (3) determining the policy Colony issued to BMW was not illusory; and (4) dismissing its motion to compel as moot.

 12:00 p.m.           Oral Argument Cancelled (Time Limits: 10 - 10 - 5)  
19074   Carkethia Loshara Adams, Respondent, v. Kelly Derode McElveen, Appellant.

Helen T. McFadden, of Lake City, for Appellant. Ernest J. Jarrett and Amanda Shuler, of Kingstree, for Respondent. Marian Dawn Nettles, of Lake City, Guardian Ad Litem

Kelly McElveen (Father) appeals the family court's decision to grant custody of the parties' minor child to Carketha Adams (Mother). In addition, Father contends the family court erred in failing to apply the Military Equal Protection Act. Finally, Father argues the family court erred in limiting the scope of the Guardian ad Litem's cross-examination of Mother.

 2:20 p.m. (Time Limits: 10 - 10 - 5)  
19069   The Benedict College, Respondent, v. National Credit Systems, Inc., Christopher Rehkow, and Eric Dean Snyder, Appellants, v. Darren L. Ford, Individually, and Leonard Williams, individually and in his representative capacity on behalf of The Benedict College, Third Party Defendants, Of whom Leonard Williams is also a Respondent.

J. Charles Ormond, Jr., of Columbia, for Appellants. Charles T. Speth, II and Douglas J. Rosinski, of Columbia, for Respondents.

National Credit Systems, Inc. appeals the dismissal of its counter-claim for civil conspiracy, arguing the circuit court erred in (1) finding it failed to make a proper allegation of special damages, (2) finding it failed to plead facts sufficient to support its civil conspiracy claim, and (3) failing to provide it an opportunity to amend its pleading concerning civil conspiracy.

 3:00 p.m. (Time Limits: 10 - 10 - 5)  
19210   The State, Respondent, v. Jacob M. Breda, Appellant.

Appellate Defender Tristan Shaffer, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Randall Lee Chambers, of Greenville, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold Coombs, of Office of the Attorney General, of Columbia, for Respondent.

Jacob M. Breda appeals his conviction and sentence for possession of crack cocaine with the intent to distribute. He argues the trial court erred in denying his motion for a directed verdict based upon the State's failure to present substantial circumstantial evidence of his intent to distribute the drugs he carried.

Wednesday, April 11, 2012
Courtroom II
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19109   Regions Bank, Respondent, v. Stonebridge Development Group, LLC; Plantation Isle Equity Group, LLC, a Maryland Limited Liability Company; Carolina Federal Savings Bank; Plantation Isle Equity Partners General Partnership; Michael Aiello; Frank M. Harvey aka Francis M. Harvey; Brandon Advertising, Inc.; Rubeling & Associates, Inc.; Carolina Custom Docks, LLC; J. Mark Caldwell, individually; Carolina Clearing & Grading, Inc., Defendants, Of whom, Frank M. Harvey aka Francis M. Harvey is the Appellant.

Lee Anne Walters and J. Rutledge Young, III, of Charleston, for Appellant. Lawrence J. Gebhardt, of Baltimore, MD, for Appellant. Stanley H. McGuffin and Louise M. Johnson, of Columbia, for Respondent. Sarah P. Spruill, of Greenville, for Respondent.

Frank Harvey appeals the master-in-equity's ruling he defaulted in a mortgage foreclosure action. Harvey argues the master erred in failing to hold an evidentiary hearing when there was a factual dispute regarding whether Harvey was served with the summons and complaint in the case. He further argues Rule 60(b) of the South Carolina Rules of Civil Procedure does not limit the time to file a motion for relief from judgment if the judgment is void for lack of personal jurisdiction.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19070   Cason Companies Inc., Respondent, v. Joseph Gorrin and Sharon Gorrin, Appellants.

Kimila Lynn Wooten, of Greenville, for Appellants. David A. Wilson, of Greenville, for Respondent.

In this breach of contract action, Appellants Joseph and Sharon Gorrin contend the circuit court erred in awarding attorney's fees and costs to Respondent Cason Companies, Inc.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19091   Lynda Molnar, Plaintiff, v. Piri Molnar and Phillip Warren, Individually and as the General Partners of Peaches Auto Sales, Defendants, Of whom, Lynda Molnar and Piri Molnar are Respondents, v. Philip Warren, Appellant.

Ryan Lewis Beasley, of Greenville, for Appellant. David Sanford Wyatt, of Greenville, for Respondent Lynda Molnar. Ralph L. Gleaton, II, of Greenville, for Respondent Piri Molnar.

This appeal arises out of a jury verdict in favor of Respondent Lynda Molnar's action to enforce payment on an oral contract. On appeal, Appellant Phillip Warren argues the trial court erred in: (1) failing to grant Warren's motion for summary judgment because there is no genuine issue as to any material fact that the loan is not due until 2012; (2) failing to issue a directed verdict because the loan is not due until 2012; (3) failing to grant Warren's motion for summary judgment because the action is barred by the statute of limitations; (4) failing to charge the jury with Warren's statute of limitations defense; (5) refusing to allow Warren to amend his pleadings; and (6) failing to subtract $28,000 from the judgment because it was not yet due at the time the judgment was entered.

Cases to be Submitted Without Oral Argument
17978    The State, Respondent, v. Howard Lee Sims, Appellant.

18672    The State, Respondent, v. Donovan Raheem Pringle, Appellant.

18673    The State, Respondent, v. Juan Alberto Sanchez, Appellant.

18674    The State, Respondent, v. Kelvin Mays, Appellant.

18675    The State, Respondent, v. Robert P. Santiago, Appellant.

18857    The State, Respondent, v. Michael Alexander Brogdon, Appellant.

18858    The State, Respondent, v. Pamela B. Craig, Appellant.

18859    The State, Respondent, v. Christopher Calvin Ellis, Appellant.

18882    The State, Respondent, v. Darrell Williams, Appellant.

18885    The State, Respondent, v. Michael Atwood, Appellant.

18886    The State, Respondent v. Michael Hillman, Appellant.

18888    The State, Respondent, v. Larry Bradley Brayboy, Appellant.

18889    The State, Respondent, v. John Bendarian Bonner, Appellant.

18890    The State, Respondent, v. David Cortez Carson, Appellant.

18891    The State ,Respondent, v. Christopher Hawks, Appellant.

18893    The State, Respondent, v. Tyron Deshawn Davis, Appellant.

18894    The State, Respondent, v. Eddie C. Golson, Appellant.

18896    The State, Respondent, v. Joseph Wade Hiott, Appellant.

18898    The State, Respondent, v. David R. Cauthen, Jr., Appellant.

18899    The State, Respondent, v. Jonathan Millard Campbell, Appellant.

18900    The State, Respondent, v. Craig Geathers, Appellant.

18901    The State, Respondent, v. Brian Keith Kelly, Appellant.

18903    The State, Respondent, v. Gerald Brown, Appellant.

18905    The State, Respondent, v. Phillip Marlon Turner, Appellant.

18906    The State, Respondent, v. George Arsenio Smith, Appellant.

18914    Horance Grant, Respondent, v. Omaro Goodwin, Appellant,__________Marjorie Grant, Respondent, v. Omaro Goodwin, Appellant.

18920    Michael Tabone, Appellant, v. Greenville County, Respondent.

18990    The State, Respondent, v. Kenwood Bright, Appellant.

19053    William Burkey, Respondent, v. Peter Jay Noce, Melinda Noce, DDLabs, Inc., AvVenta Worldwide, Inc., AvVenta Worldwide, S.A., AvVenta Holdings, LLC, and Wild Dunes Investments, Appellants.

19126    Willie C. Scott, Appellant, v. Dorothy S. Scott, Respondent.

19148    The State, Respondent, v. Roshune L. Carelock, Appellant.

19150    The State, Respondent, v. Trevis Eugene Johnson, Appellant.

19225    The State, Respondent v. Legerald Dickerson, Appellant.

19228    The State, Respondent, v. Mack Jordan, Appellant.

19260    The State, Respondent, v. Hazard Cameron, Appellant.

19296    The State, Respondent, v. Shelly Mauney, Appellant.

19299    The State, Respondent, v. Donald Williams, Appellant.

19300    The State, Respondent, v. Michael Lackey, Appellant.

19304    The State, Respondent, v. Mykel Watkins, Appellant.

19305    The State, Respondent, v. Carnie Norris, Appellant.

19309    The State, Respondent, v. Raymond Murray, Appellant.

19313    Larry Hendricks, #254256, Appellant, v. South Carolina Department of Corrections, Respondent.

19319    Diane K. Rainwater, Respondent, v. Fred A. Rainwater, Appellant.

19326    Parham, Smith & Dodson, LLC, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.

19327    Allen Wright, #255697, Appellant, v. South Carolina Department of Corrections, Respondent.

19337    Laura Ajax, Appellant, v. Paul Dota and Paul Richards, Respondents.

19344    The State, Respondent, v. Gregory Green, Appellant.

19345    The State, Respondent, v. Quentin Holt, Appellant.

19348    The State, Respondent, v. Shakeia Butler, Appellant.

19349    The State, Respondent, v. Latisha Lee Cochran, Appellant.

19351    The State, Respondent, v. Ricardo Acevedo, Appellant.

19353    The State, Respondent, v. James Craig White, Appellant.

19355    The State, Respondent, v. Samuel McNeil, Appellant.